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Consider the following statements: 1. The pardoning power of the President of the USA is a judicial power. 2. The President of India can exercise his power of pardon independent of the government. 3. The constitution of India provides a detailed mechanism to question the legality of decisions of the President or governors exercising mercy jurisdiction. Which of the statements given above is/are NOT correct?

Consider the following statements: 1. The pardoning power of the President of the USA is a judicial power. 2. The President of India can exercise his power of pardon independent of the government. 3. The constitution of India provides a detailed mechanism to question the legality of decisions of the President or governors exercising mercy jurisdiction. Which of the statements given above is/are NOT correct? Correct Answer 1, 2, and 3

The correct answer is 1, 2, and 3.

In News -

  • President Donald Trump pardoned more than two dozen people, including former campaign chairman Paul Manafort and Charles Kushner, the father of his son-in-law, in the latest wave of clemency to benefit longtime associates and supporters.
  • The pardoning power of the President of the USA is independent of the Judiciary; it is executive power. Hence, statement 1 is NOT correct.

Important Points

  • The power of pardon shall be exercised by the President on the advice of the Council of Ministers. Hence, statement 2 is NOT correct.
  • The constitution does not provide for any mechanism to question the legality of decisions of the President or governors exercising mercy jurisdiction. Hence, statement 3 is NOT correct.

Key Points

Pardoning Power of the President of India

  • Article 72 of the Constitution empowers the President to grant pardons to persons who have been tried and convicted of any offense in all cases where the:
    1. Punishment or sentence is for an offense against a Union Law;
    2. Punishment or sentence is by a court-martial (military court); and
    3. The sentence is a sentence of death.
  • The object of conferring this power on the President is two-fold:
    • to keep the door open for correcting any judicial errors in the operation of law; and,
    • to afford relief from a sentence, which the President regards as unduly harsh.
  • The pardoning power of the President includes the following:
    • Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments, and disqualifications.
    • Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment.
    • Remission: It implies reducing the period of a sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
    • Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
    • Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period.

Source -

https://www.thehindu.com/news/international/trump-pardons-former-campaign-chairman-manafort/article33407676.ece

Related Questions

Consider the following statements with reference to Pardoning power of Governor: 1. He can pardon, reprieve, respite, remit, suspend or commute the punishment or sentence of any person convicted of any offence against state law. 2. If a state law prescribes for a death sentence, he can pardon a death sentence. 3. He can grant pardon, reprieve, respite, suspension, remission or commutation in respect to punishment or sentence by a court-martial. Which of the statements given above is/are NOT correct?
Why is it remarked that the “pocket of the Indian President is bigger than that of the American President” in reference to Pocket Vetro Power of the president? A. The power of the Indian President not to take any action (either positive or negative) on the bill for an indefinite period. B. The President of the USA has to return the bill for reconsideration within 10 days, as against 30 days for the Indian President. C. The President of the USA has to return the bill for reconsideration within 10 days, as against 20 days for the Indian President. D. The President of the USA can't return the bill for reconsideration if he kept it for more than 10 days, while that is not the case with the Indian President.
Consider the following statements: i. The President of India can grant a pardon to a person who was convicted by the Martial Court. ii. The President can only pardon a person based on the advice of the union cabinet. iii. The Governor of State cannot grant pardon to a death sentence but he can commute the death sentence.   Which of the following above statements are true?
Consider the following statements:
1. The Supreme Court has original jurisdiction in any dispute between the Government of India and one or more States.
2. The Supreme Court has original jurisdiction in any dispute between the Government of India and any State or States on one side and one or more other State on the other.
3. The Supreme Court has original jurisdiction in any dispute between the Government of India and any corporation of Individual one side and one or more States on the other.
4. The Supreme Court has original jurisdiction in any dispute between two or more States.
Which of these statements are correct?
Directions : Following question consists of a statement followed by three arguments I, II and III . You have to decide which of the arguments is a STRONG arguments and which is a WEAK Argument. Statement : Should mercy death be legalized, i.e., all those who are suffering from terminal diseases be allowed to end their lives if they so desire? Arguments : I. No. Nobody should be allowed to end his/her life at his/her will as this goes against the basic tenets of humanity. II. Yes. Patients undergoing terrible suffering and having absolutely no chance of recovery should be liberated from suffering through mercy death. III. No. Even mercy death is a sort of killing and killing can never be legalized.
Directions : Following question consists of a statement followed by three arguments I, II and III . You have to decide which of the arguments is a STRONG arguments and which is a WEAK Argument.

Statement : Should mercy death be legalized, i.e., all those who are suffering from terminal diseases be allowed to end their lives if they so desire?

Arguments :
I. No. Nobody should be allowed to end his/her life at his/her will as this goes against the basic tenets of humanity.
II. Yes. Patients undergoing terrible suffering and having absolutely no chance of recovery should be liberated from suffering through mercy death.
III. No. Even mercy death is a sort of killing and killing can never be legalized.
Two statements are given followed by two conclusions as responses. You have to consider the statements to be true even if they seem to be at variance from the commonly known facts. You have to decide which of the given conclusion(s) can definitely be drawn from the given statements. Statements: All the decisions of the UNSC are binding upon the members of the UN. Countries like Lebanon have failed to follow the decisions taken by the UNSC. Conclusion: UNSC cannot completely control all the member countries by making them follow its decisions.        II. Not all countries follow the decisions taken by the UNSC.
Consider the following statements:
The analysis of the Article 73 of the Constitution of India which deals with the extent of executive power of the Union, discloses that:
1. The executive power of the Union extends to all matters with respect to which the Parliament has the power to make laws
2. For the exercise of the said executive power it is not necessary that the Parliamentary law must be in existence
3. The Government of India may also exercise such authority available under any treaty
Which of the statements given above are correct?
Consider the following pairs with respect to pardoning powers of President: Remission- It implies reducing the period of a sentence without changing its character. Commutation- It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender. Respite- It denotes the substitution of one form of punishment for a lighter form. Reprieve-  It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President. Which of the pairs given above is/are correct?
Consider the following statements:
1. After the President of India has asked the Council of Ministers to reconsider the advice given by the Council of Ministers, the President may not act in accordance with the advice rendered after such reconsideration.
2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence.
Which of the statements given above is/are correct?